logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.01.21 2014가합38722
사해행위취소
Text

1.(a)

On July 11, 2013, the claims indicated in the attached list concluded between the defendant and the defendant joining the defendant.

Reasons

Basic Facts

The Plaintiff was engaged in the accounting audit of the Intervenor joining the Defendant (hereinafter referred to as the “Supplementary Intervenor”), but from around 2008, the Plaintiff did not receive the accounting audit expense from around June 11, 201, and had a claim for the accounting audit expense amounting to KRW 132 million against the Intervenor joining the Defendant (hereinafter referred to as the “claim for Accounting Audit expense”).

The Intervenor filed a claim for damages against the Daol Trust on the ground that the Daol Trust Co., Ltd. (hereinafter referred to as “Daol Trust”) actively participated in the act of concealing D’s property and incurred damages to the Intervenor, who is the creditor of D.

On July 5, 2013, the above aid rendered a judgment that “Ilol Trust shall pay to the Intervenor 151,90,000 won with 5% interest per annum from December 27, 201 to July 5, 2013, and 20% interest per annum from the next day to the day of full payment.”

(2012. Du2729) On July 11, 2013, the Intervenor transferred to the Defendant the claim stated in the attached Table, which is the claim of the said judgment amount, until July 12, 2013, concerning the trust of single assistant intervenors (hereinafter “the claim of this case”).

(2) On July 12, 2013, the instant claim transfer amounting to KRW 164,073,786 on July 12, 2013.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 3 and Eul evidence Nos. 11 (including numbers; hereinafter the same shall apply) and the whole purport of pleadings, where the assignment of claims in this case constitutes a fraudulent act, which led to or deepens the shortage of common security for general creditors by the debtor's act of reducing liability property, whether the act constitutes a fraudulent act subject to revocation of creditor is justifiable and justifiable.

arrow